Chandigarh

DF-I

EA/19/2018

Hargurjit Singh - Complainant(s)

Versus

Chandigarh Overseas Pvt. Ltd - Opp.Party(s)

Vishal Gupta

05 Nov 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	EA/19/20 18
Date of Institution	:	27.02.2018
Date of Decision	:	05.11.2024

 

1]      Hargurjit Singh S/o She Sohan Singh Parmar RIO H. No. 522, Pancham Enclave, Sector 48-A, Chandigarh U.T.

2]      Mrs.Raman Parmar w/o Sh. Hargurjit Singh R/o H. No. 522, Pancham Enclave, Sector 48-A, Chandigarh U.T.

 

… Decree Holders/Complainants

V E R S U S

1]      Chandigarh Overseas Private Limited, SCO 196-97, Top Floor, Sector 34-A, Chandigarh (UT), through its Chairman, Hardayal Singh Mann.

2]      Chandigarh Overseas Private Limited, SCO 196-97, Top Floor, Sector 34-A, Chandigarh (UT), throught its Managing Director, Sumesh Chawla

3]      Chandigarh Overseas Private Limited, SCO 196-97, Top Floor, Sector 34-A, Chandigarh (UT), through its Dy. General Manager, Sandeep Bhasker.

4]      Chandigarh Overseas Private Limited, SCO 196-97, Top Floor, Sector 34-A, Chandigarh (UT), through its Manager.

5]      Greenfield Sites Management Private Limited SCO 196-97, Fourth Floor, Sector 34-A Chandigarh (UT) through its Chairman/Managing Director.

6]      Greenfield Sites Management Private Limited SCO 196-97, Fourth Floor, Sector 34-A Chandigarh (UT) through its Sales and Marketing Executive, Sukhchain Singh.

7]      Greenfield Sites Management Private Limited SCO 196-97, Fourth Floor, Sector 34-A Chandigarh (UT) through its Manager.

8]      Tejinder Pal Setia, Managing Director/Director, Chandigarh Overseas Private Limited, SCO 249, Basement, Sector 44-C, Chandigarh.

          … Judgment Debtors/Opposite Parties

 

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                                                               

ARGUED BY

:

Sh.Abhishek Sharma, Adv. for complainant Sh.Pushpinder Kaushal, Adv. for Accused No.2 None for Accused No.8 Trial of Accused No.1 & 3 to 7 separated as per order dated 13.3.2020

 

Per Pawanjit Singh, President

1.           This order shall dispose of the application/objection petition dated 03.05.2023, filed by the JDs/Applicant for not proceeding with the execution petition on the ground that the OP Company has been admitted in insolvency vide order dated 27.2.2023 in the matter ‘KONE ELEVATOR INDIA PVT. LTD. VS. CHANDIGARH OVERSEAS PRIVATE LIMITED’ IA No.529/2023 and CP (IB)No.248/Chd/2019, by the National Company Law Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as NCLT, Chandigarh), vide which the moratorium has already been declared.  The aforesaid application/objection has been resisted by the ld.Counsel for the Decree Holder/non-applicant on the ground that the aforesaid application/objection is not maintainable since the same has been filed by the Resolution Professional (RP) on the behest of the Directors of the OP Company.

2.           We have heard the ld.Counsel for the parties and gone through the record carefully.

3.           At the very outset, it may be observed that when it is an admitted case of the parties that vide order dated 16.8.2017 passed by this Commission in Consumer complaint No.CC/759/2015, which the OPs have been directed to pay Rs.7.50 lacs to the complainants along with interest and compensation & litigation charges and also that vide order dated 27.2.2023 passed by the Hon’ble N.C.L.T., Chandigarh in the case titled as ‘KONE ELEVATOR INDIA PVT. LTD. VS. CHANDIGARH OVERSEAS PRIVATE LIMITED’ IA No.529/2023 and CP (IB)No.248/Chd/2019’, the institution of suits, continuation of pending suits or proceedings have been stayed, the case is reduced to a narrow compass as it is to be determined if in view of the order dated 27.2.2023 passed by the Hon’ble NCLT, Chandigarh, the order under execution is to be executed by this Commission or not.

4.           Perusal of the order dated 27.2.2023 passed by the Hon’ble NCLT, Chandigarh clearly indicates that the Hon’ble NCLT has appointed Sh.Arvin Kumar as Interim Resolution Professional (IRP) and all the management of the affairs of the OP Company have been vested with the aforesaid Interim Resolution Professional (IRP) and the Manager of Corporate Debtor have been directed to report to Interim Resolution Professional (IRP) and further declared the moratorium in terms of Section 14(1) of the Insolvency &  Bankruptcy Code, 2016.  The relevant portion of the order is reproduced as under:-

“a)  The institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority;

b) transferring, encumbering, alienating or disposing of by the corporate debtor any of its assets or any legal right or beneficial interest therein;

c) any action to foreclose, recover or enforce any security interest created by the corporate debtor in respect of its property including any action under the Securitization and Reconstruction of Operational Assets and Enforcement of Security Interest Act, 2002;

d) The recovery of any property by an owner or lessor where such property is occupied by or in the possession of the corporate debtor.

5.        Thus one thing is clear on record that in view of the order dated 27.2.2023 passed by the Hon’ble NCLT, Chandigarh in case titled as ‘KONE ELEVATOR INDIA PVT. LTD. VS. CHANDIGARH OVERSEAS PRIVATE LIMITED’ IA No.529/2023 and CP (IB)No.248/Chd/2019’ and order dated 06.09.2023 passed by the Hon’ble Supreme Court of India in Civil Appeal Nos.5533-5534 of 2023 – titled as Tejinder Pal Sethia Vs. Kone Elevator India Pvt. Ltd. & Ors, there is no other option for the complainants/Decree Holders except to approach the Interim Resolution Professional (IRP) in respect of their claim made in the execution petition/application, if not earlier lodged, with liberty to the complainants/Decree Holders to file fresh, if legally entitled for the same.  Accordingly, the instant execution application/petition stands disposed of in above terms.

6.        Pending miscellaneous application(s), if any, also stands disposed off.

7.           Certified copies of this order be sent to the parties free of charge. The file be consigned.